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Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
's Division 41, the
American Psychology-Law Society American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
, is active with the goal of promoting the contributions of
psychology Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries betwe ...
to the understanding of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
s through
research Research is "creativity, creative and systematic work undertaken to increase the stock of knowledge". It involves the collection, organization and analysis of evidence to increase understanding of a topic, characterized by a particular att ...
, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe.


Areas of research

Generally speaking, any research that combines psychological principles with legal applications or contexts could be considered legal psychology (although research involving
clinical psychology Clinical psychology is an integration of social science, theory, and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically based distress or dysfunction and to promote subjective well-being and persona ...
, e.g., mental illness, competency,
insanity defense The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the cr ...
,
offender profiling Offender profiling, also known as criminal profiling, is an investigative strategy used by law enforcement agencies to identify likely suspects and has been used by investigators to link cases that may have been committed by the same perpetrator. ...
, etc., is typically categorized as
forensic psychology Forensic psychology is the development and application of scientific knowledge and methods to help answer legal questions arising in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes both research on various ...
, and not legal psychology). For a time, legal psychology researchers were primarily focused on issues related to
eyewitness testimony Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is ...
and jury decision-making; so much so, that the editor of '' Law and Human Behavior'', the premier legal psychology journal, implored researchers to expand the scope of their research and move on to other areas. There are several legal psychology
journal A journal, from the Old French ''journal'' (meaning "daily"), may refer to: *Bullet journal, a method of personal organization *Diary, a record of what happened over the course of a day or other period *Daybook, also known as a general journal, a ...
s, including '' Law and Human Behavior'', '' Psychology, Public Policy and Law'', ''Psychology, Crime, and Law'', and ''Journal of Psychiatry, Psychology and Law'' that focus on general topics of
criminology Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and so ...
, and the
criminal justice system Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
. In addition, research by legal psychologists is regularly published in more general journals that cover both basic and applied research areas. In March 1893 J. McKeen Cattell posted questions to fifty-six of his students at Columbia University, the questions he asked his students were comparable to those asked in a court of justice. What he found was that it was reasonable to conclude eyewitness accounts of events were unreliable. His students were all sure they were mostly correct, even when they weren't, and some were hesitant when they were in fact correct. He could not figure out specifically why each student had inaccurate testimonies. Cattell suggested that “an unscrupulous attorney” could discredit a witness who is being truthful by asking “cunningly selected questions”. Although a jury, or the judge, should know how normal errors are in eyewitness testimonies given different conditions. However, even Cattell was shocked by the level of incorrectness displayed by his students. Cattell's research has been depicted as the foundation of forensic psychology in the United States. His research is still widely considered a prevailing research interest in legal psychology. It has been thought that in America psychologists have been used as expert witnesses in court testimonies since the early 1920s. Consultation within civil courts was most common, during this time criminal courts rarely consulted with psychologists. Psychologists were not considered medical experts, those who were like, physicians and psychiatrists, in the past were the ones consulted for criminal testimonies. This could be because in criminal cases, the defendant's mental state almost never mattered "As a general rule, only medical men—that is, persons licensed by law to practice the profession of medicine—can testify as experts on the question of insanity; and the propriety of this general limitation is too patent to permit discussion".


Training and education

Legal psychologists typically hold a PhD in some area of psychology (e.g.,
clinical psychology Clinical psychology is an integration of social science, theory, and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically based distress or dysfunction and to promote subjective well-being and persona ...
,
social psychology Social psychology is the scientific study of how thoughts, feelings, and behaviors are influenced by the real or imagined presence of other people or by social norms. Social psychologists typically explain human behavior as a result of the r ...
,
cognitive psychology Cognitive psychology is the scientific study of mental processes such as attention, language use, memory, perception, problem solving, creativity, and reasoning. Cognitive psychology originated in the 1960s in a break from behaviorism, which ...
, etc.), and apply their knowledge of that field to the law. Although formal legal training (such as a JD or Master of Legal Studies degree) can be beneficial, most legal psychologists hold only the PhD. In fact, some argue that specialized legal training dilutes the psychological empiricism of the researcher. For instance, to understand how eyewitness memory "works", a psychologist should be concerned with memory processes as a whole, instead of only the aspects relevant to the law (e.g., lineups, accuracy of testimony). To understand false confessions, a psychologist should be familiar with research on decision making, compliance, obedience, persuasion, and other forms of social influence. A growing number of universities offer specialized training in legal psychology as either a standalone PhD program or a joint JD/PhD program. A list of American universities that offer graduate training in legal psychology can be foun
here
on the website of th
American Psychology-Law Society


Roles of a legal psychologist


Academics and research

Many legal psychologists work as
professors Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...
in university psychology departments, criminal justice departments or law schools. Like other professors, legal psychologists generally conduct and publish empirical research, teach various classes, and mentor graduate and undergraduate students. Many legal psychologists also conduct research in a more general area of psychology (e.g., social, clinical, cognitive) with only a tangential legal focus. Those legal psychologists who work in law schools almost always hold a JD in addition to a PhD


Expert witnesses

Psychologists specifically trained in legal issues, as well as those with no formal training, are often called by legal parties to testify as expert witnesses. In criminal trials, an expert witness may be called to testify about eyewitness memory,
mistaken identity Mistaken identity is a defense in criminal law which claims the actual innocence of the criminal defendant, and attempts to undermine evidence of guilt by asserting that any eyewitness to the crime incorrectly thought that they saw the defendan ...
, competence to stand trial, the propensity of a
death-qualified jury A death-qualified jury is a jury in a criminal law case in the United States in which the death penalty is a prospective sentence. Such a jury will be composed of jurors who: #Are not categorically opposed to the imposition of capital punishment ...
to also be "pro-guilt", etc. Psychologists who focus on clinical issues often testify specifically about a defendant's competence, intelligence, etc. More general testimony about perceptual issues (e.g., adequacy of police sirens) may also come up in trial. Experts, particularly psychology experts, are often accused of being "hired guns" or "stating the obvious". Eyewitness memory experts, such as
Elizabeth Loftus Elizabeth F. Loftus (born 1944) is an American psychologist who is best known in relation to the misinformation effect, false memory and criticism of recovered memory therapies. Loftus's research includes the effects of phrasing on the percep ...
, are often discounted by judges and lawyers with no empirical training because their research utilizes undergraduate students and "unrealistic" scenarios. If both sides have psychological witnesses, jurors may have the daunting task of assessing difficult scientific information.


Policy making and legislative guidance

Psychologists employed at public policy centers may attempt to influence legislative policy or may be called upon by state (or national) lawmakers to address some policy issue through empirical research. A psychologist working in public policy might suggest laws or help to evaluate a new legal practice (e.g., eyewitness lineups).


Advisory roles

Legal psychologists may hold advisory roles in court systems. They may advise legal decision makers, particularly judges, on psychological findings pertaining to issues in a case. The psychologist who acts as a court adviser provides similar input to one acting as an expert witness, but acts out of the domain of an
adversarial system The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to det ...
.


Amicus briefs

Psychologists can provide an
amicus brief An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
to the court. The
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
has provided briefs concerning mental illness, retardation and other factors. The amicus brief usually contains an opinion backed by scientific citations and statistics. The impact of an amicus brief by a psychological association is questionable. For instance,
Justice Powell Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he gradua ...
once called a reliance on statistics "numerology" and discounted results of several empirical studies. Judges who have no formal scientific training also may critique experimental methods, and some feel that judges only cite an amicus brief when the brief supports the judge's personal beliefs.


Trial consulting

Some legal psychologists work in
trial consulting Trial consulting is the use of social scientists, particularly psychologists and communication experts, and economists, to aid attorneys in the presentation of a criminal trial or civil lawsuit. Modern trial consultants help prepare witnesses, impr ...
. No special training nor certification is needed to be a trial consultant, though an advanced degree is generally welcomed by those who would hire the trial consultant. The American Society of Trial Consultants does have a code of ethics for members, but there are no legally binding ethical rules for consultants.An overview of the trial consulting process is provided by the American Society of Trial Consultants
ASTC Website
/ref> Some psychologists who work in academics are hired as trial consultants when their expertise can be useful to a particular case. Other psychologists/consultants work for or with established trial consultant firms. The practice of law firms hiring "in-house" trial consultants is becoming more popular, but these consultants usually can also be used by the firms as practicing attorneys. Trial consultants perform a variety of services for lawyers, such as picking jurors (usually relying on in-house or published statistical studies) or performing "mock trials" with focus groups. Trial consultants work on all stages of a case from helping to organize testimony, preparing witnesses to testify, picking juries, and even arranging "shadow jurors" to watch the trial unfold and provide input on the trial. There is some debate on whether the work of a trial consultant is protected under attorney-client privilege, especially when the consultant is hired by a party in the case and not by an attorney.


See also

* Applied psychology *
Empirical legal studies Empirical legal studies (ELS) is an approach to the study of law, legal procedure, and legal theory through the use of empirical research. Empirical legal researchers use research techniques that are typical of economics, psychology, and sociology; ...
*
Forensic psychology Forensic psychology is the development and application of scientific knowledge and methods to help answer legal questions arising in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes both research on various ...
*
Investigative psychology In applied psychology, investigative psychology attempts to describe the actions of offenders and develop an understanding of crime. This understanding can then help solve crimes and contribute to prosecution and defense procedures. It brings to ...
*
Police psychology Police psychology, also referred to as "police and public safety psychology," was formally recognized in 2013 by the American Psychological Association as a specialty in professional psychology. The goal of police psychology is to ensure law enforce ...
*
List of United States Supreme Court cases involving mental health The U.S. Supreme Court has issued numerous rulings regarding mental health and how society treats and regards the ill. While some rulings applied very narrowly, perhaps to only one individual, other cases have had great influence over wide areas. ...
*
Therapeutic jurisprudence Therapeutic jurisprudence (TJ) studies law as a social force (or agent) which inevitably gives rise to unintended consequences, which may be either beneficial (therapeutic) or harmful (anti-therapeutic). These consequences flow from the operation ...


References


External links


American Psychology-Law Society
{{DEFAULTSORT:Legal Psychology Applied psychology Science and law